Video

  • 21 minutes

Restrictive Covenants and Declarations

 

Who can enforce a restrictive covenant?

There are a variety of land use regulations that seek to achieve policy goals by ways other than through traditional zoning use and regulations. Restrictive declarations, both historically used and currently relevant are discussed in this video. Our speaker also discusses the lasting impact of restrictive covenants and reviews community benefit agreements and how they are enforced.

Runtime: 20 minutes

Agenda

Faculty

Samuel Brill

Samuel Brill

Kramer Levin Naftalis & Frankel LLP

  • Associate at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
  • Practice involves representing private developers and cultural, educational and health care institutions with respect to New York City land use issues; in that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies
  • Recent projects include advising a major real estate investment manager on construction loans for mixed-use, commercial, and industrial developments in Manhattan, Brooklyn, and Queens; representation of a developer in obtaining approval from the Board of Standards and Appeals for a transfer of development rights; and representation of developers in obtaining City Planning Commission Chair certification for floor area bonuses
  • Has published on selected land use topics, including COVID-19-related impacts on land use; the Citywide “mechanical voids” text amendments to the Zoning Resolution; and special permit requirements for hotel development in manufacturing zoning districts
  • J.D. degree, Yale Law School; B.A. degree, Yale University
  • Can be contacted at 212-715-9317 or [email protected]
Sheila Pozon

Sheila Pozon

Kramer Levin Naftalis & Frankel LLP

Sheila M. Pozon, Esq.

  • Special Counsel at Kramer Levin Naftalis & Frankel LLP, which has the most experienced land use practice in NYC
  • Practice involves representing private developers, private property owners, cultural and educational institutions, lenders, and investors with respect to New York City real estate development issues
  • Advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies, including the New York City Board of Standards and Appeals, the New York City Department of Buildings, the New York City Department of Finance, the Landmarks Preservation Commission, and the City Planning Commission
  • Has extensive experience representing developers, sellers, investors, and lenders in zoning lot mergers for the purchase and sale of development rights
  • Has lectured on zoning lot mergers and development rights transfers at education programs sponsored by the New York City Bar Association, has appeared on NY1, and quoted in the Commercial Observer, the Wall Street Journal, and the Real Deal on hotel and office conversions and New York State’s housing policies
  • J.D. degree, Boston University; B.A. degree, Columbia College, Columbia University
  • Can be contacted at [email protected] or 212-715-9123
James P. Power

James P. Power

Kramer Levin Naftalis & Frankel LLP

  • Partner at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
  • Practice involves representing private developers and cultural, educational and health care institutions with respect to New York City real estate development issues; in that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies
  • He also advises on inclusionary housing and 421-a benefits issues
  • Recent projects include advising the development of a new primarily residential tower that would rise 1,066 feet in height and be the tallest building in Brooklyn; representation of a major New York City developer in obtaining a text amendment and City Planning Commission special permits for a new residential development in the West Clinton area; representation of a prominent design-build developer in obtaining a variance for a new residential project at a prominent site in Tribeca; and represented a major hotel investment firm on a series of development projects involving complex site assemblages and in the midst of regulatory changes
  • Jim has lectured on land use and zoning at education programs sponsored by continuing legal educational organizations such as Lorman Education Services, and professional and industry groups such as the Appraisal Institute
  • Has published and quoted on a range of land use topics, including COVID-19-related impacts on land use, residential conversions, air rights transactions, the Mandatory Inclusionary Housing and 421-a tax abatement programs, the floor area bonus structure in the Special West Chelsea District, and the recent restrictions on hotel use in M1 manufacturing districts; articles and quotes have been published in the New York Law Journal, Real Estate Weekly, the Commercial Observer, Law360 and New York Construction Magazine (quoted as “industry leader”)
  • J.D. degree, New York University School of Law; B.A. degree, Williams College
  • Can be contacted at 212-715-7839 or [email protected]

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